OpenLegislation

Paragraph 34.7 Application for further damages

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An application for further damages by a pursuer in respect of whom an order under section 12(2)(b) of the Administration of Justice Act 1982 has been made shall be made by lodging a minute with the sheriff clerk in Form 10f, which minute shall include–

(a)

a claim for further damages;

(b)

a concise statement of the facts supporting that claim;

(c)

an application for warrant to serve the minute on–

(i)

every other party; and

(ii)

where such other parties are insured or otherwise indemnified, their insurer or indemnifier, if known to the pursuer; and

(d)

a request for the court to fix a hearing on the application.

(2)

A notice of intimation in Form 10g shall be attached to every copy of the minute served on a warrant granted under paragraph (1)(c).

(3)

At the hearing fixed under paragraph (1)(d) above, the sheriff may determine the application or order such further procedure as he thinks fit.